Exam (elaborations)
Nypd 2nd trimester review Questions and Answers 2024
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Nypd 2nd trimester review Questions and Answers 2024
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Nypd 2nd trimester reviewDefense Types.ANSWERJustification, Infancy, 99%/Mental Disease&Defect, Entrapment 51%
InfancyANSWERDefendant is not criminally liable due to their age:
- less than 7: no criminal responsibility. - 7-15: Juvenile Delinquency (13,14,15 certain felonies are juvenile offenders) - 16 or older: charged as adults.
EntrapmentANSWEROccurs when a defendant is actively induced, encouraged, or lured by a public servant to commit an illegal act.
Elements of an offenseANSWERWritten law - defining the offense
Act - constituting the external physical part of a crime committed by the offender. Mental element - the offender's state of mind toward the act.
Result - injury or potential for injury produced by the act
Causal Relationship - between the unlawful act, the result, and the underlying mental element.
Attempt to commit a crime.ANSWERA change of attempt to commit a crime will reduce the charge by one class.
ex: Class A felony to Class B Felony.
AttemptANSWEREngages in conduct which tends to effect the commission of such crime.
Forcible Touching (M)ANSWERintentionally and for no legitimate purpose, squeezes, grabs or pinches the sexual or other intimate parts of another person. Facilitating a sex offense with a controlled substance (F)ANSWERKnowingly give victim substance without
consent. Intent to commit felony sex offense.
Lack of consent.ANSWERMentally disabled
Mentally incapacitated Physically helpless
Forcible compulsion
underage
office of children and family services
health/mental health care provider
correctional facility vulnerable person
Sexual abuse (M)ANSWERa person subjects another person to sexual contact:
victim is over 10 but less than 17 yrs old
victim is incapable of consent for reasons other than age (mentally disabled or incapacitated)
without consent
Sexual abuse (F)ANSWERa person subjects another person to sexual contact: by forcible compulsion
victim physically helpless
victim is less than 11 yrs old
victim is less than 13 yrs old and the actor is 21 or older.
Aggravated Sexual Abuse (F)ANSWERwhen a person insert:
a foreign object (whether or not causing physical injury) or a finger (causing PI or SPI) into another person's
"PURV" Penis
Urethra
Rectum
Vagina without consent.
Accessorial conductANSWERacting with the mental culpability for the commission of an offense. Directs or aids another person to engage in an offense. "acting in concert"
Individuals acting with the same mental state are both guilty of an offense.
Statute of limitationsANSWERclass a and certain b felonies = no time limit
certain class b and c,d,e felony = 5 years
misdemeanor = 2 yrs
petty offense = 1 yr
Purpose of the penal lawANSWERforbid conduct that causes or threatens to cause harm.
Intent and MotiveANSWERthe determination to an act
the desire to make you want to do a criminal act.
4 culpable mental states.ANSWERreckless - aware of and disregards risk
intentional - objective is to cause a result
criminal negligence - fails to see risk
knowingly - aware of conduct causing risk.
recklessANSWERaware of and disregards risk
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